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<section article="gsp" article_name="State Personnel and Pensions" number="23-206" title_number="23" title_name="Employees' and Teachers' Pension Systems" subtitle_number="2" subtitle_name="Membership">
  <level label="a">
    <text>Except as provided in subsection (b) of this section, §§ 23–208 through 23–210 of this subtitle apply only to:</text>
    <level label="1">
      <text>an employee of a day school in the State under the authority and supervision of a county board of education or the Baltimore City Board of School Commissioners, employed as:</text>
      <level label="i">
        <text>a clerk;</text>
      </level>
      <level label="ii">
        <text>a helping teacher;</text>
      </level>
      <level label="iii">
        <text>a principal;</text>
      </level>
      <level label="iv">
        <text>a superintendent;</text>
      </level>
      <level label="v">
        <text>a supervisor; or</text>
      </level>
      <level label="vi">
        <text>a teacher;</text>
      </level>
    </level>
    <level label="2">
      <text>a faculty employee of an educational institution supported by and under the control of the State;</text>
    </level>
    <level label="3">
      <text>a librarian or clerical employee of a library that is established or operates under the Education Article;</text>
    </level>
    <level label="4">
      <text>a professional or clerical employee of a community college that is established or operates under the Education Article;</text>
    </level>
    <level label="5">
      <text>a staff employee of the University System of Maryland, Morgan State University, or St. Mary’s College who is a member of the Teachers’ Pension System as of January 1, 1998, or who transfers from the Teachers’ Retirement System on or after January 1, 1998; or</text>
    </level>
    <level label="6">
      <text>a nonfaculty employee of the Baltimore City Community College who:</text>
      <level label="i">
        <text>is a member of the Teachers’ Pension System as of October 1, 2002, and does not transfer to the Employees’ Pension System in accordance with § 23–202.1 of this subtitle; or</text>
      </level>
      <level label="ii">
        <text>transfers from the Teachers’ Retirement System on or after October 1, 2002.</text>
      </level>
    </level>
  </level>
  <level label="b">
    <text>Sections 23–208 and 23–209 of this subtitle do not apply to:</text>
    <level label="1">
      <text>an individual who has elected to participate in an optional retirement program under Title 30 of this article;</text>
    </level>
    <level label="2">
      <text>an individual who is employed under a federal public service employment program;</text>
    </level>
    <level label="3">
      <text>a professional or clerical employee of the Department of Public Libraries of Montgomery County who is participating in the Employees’ Retirement System of Montgomery County;</text>
    </level>
    <level label="4">
      <text>a staff employee of the University System of Maryland, Morgan State University, or St. Mary’s College who becomes employed on or after January 1, 1998, in a position as a staff employee of the educational institution that was eligible for membership in the Teachers’ Retirement System or Teachers’ Pension System under Chapter 6, § 8, paragraphs 1(a) and 2(a) of the Acts of 1994;</text>
    </level>
    <level label="5">
      <text>an employee who is not a member of a State system and who accepts a position for which the budgeted hours per fiscal year are less than 500 hours in the first fiscal year of employment; or</text>
    </level>
    <level label="6">
      <text>a nonfaculty employee of the Baltimore City Community College who becomes employed on or after October 1, 2002, or who transfers to the Employees’ Pension System in accordance with § 23–202.1 of this subtitle.</text>
    </level>
  </level>
</section>
